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367 So. 2d 9

State v. Vaccari

Supreme Court of Louisiana

Decided January 26, 1979

Supreme Court of Louisiana · decided 1979-01-26

Relies on State v. Robinson

Decided 1979-01-26

¶1In re: Marion M. Vaccari applying for Writs of Certiorari and Review and for a Stay Order (Jefferson Parish).

¶2Writ granted. The bail of $100,000 previously fixed by the trial is reinstated, without prejudice to the right of State to move to revoke bond if the conditions required by La.C.Cr.P. Art. 313(2) are not met. See State v. Robinson, La.1978, 360 So.2d 880.

SUMMERS, C. J., and DIXON, J.,

¶3are of the opinion that the trial judge was authorized to cancel relator’s bond after grand jury indictment and it was thereafter incumbent on defendant to move for and sustain the burden that the proof of guilt was not evident or the presumption was not great that relator was guilty of the capital offense. See La.Code Crim.Proc. Art. 313.

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